Recital 64

It should be possible for the enforcing authority to refuse an order, in exceptional situations, where there are substantial grounds to believe, on the basis of specific and objective evidence, that the execution of the European Production Order would, in the particular circumstances of the case, entail a manifest breach of a relevant fundamental right as set out in Article 6 TEU and in the Charter. In particular, when assessing that ground for refusal, where the enforcing authority has at its disposal evidence or material such as that set out in a reasoned proposal by one third of the Member States, by the European Parliament or by the European Commission, adopted pursuant to Article 7(1) TEU, indicating that there is a clear risk, if the order were executed, of a serious breach of the fundamental right to an effective remedy and to a fair trial under Article 47 of the Charter, on account of systemic or generalised deficiencies concerning the independence of the issuing State’s judiciary, the enforcing authority should determine specifically and precisely whether, having regard to the personal situation of the person concerned, as well as to the nature of the offence for which the criminal proceedings are conducted, and the factual context that forms the basis of the order, and in the light of the information provided by the issuing authority, there are substantial grounds for believing that there is a risk of a breach of a person’s right to a fair trial.